Application Contents; Application Modification.

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9-12-1503. Application contents; application modification.

(a) An applicant for funding under this article shall provide the following information on the application:

(i) The location of the project, including a shapefile depicting the location and boundaries of the proposed project area or, for a middle-mile project, a map depicting the location and endpoints;

(ii) The kind and amount of broadband infrastructure to be deployed for the project, including initial speeds to be achieved and initial price of the service to be provided;

(iii) Evidence regarding the unserved nature of the area where the project is to be located;

(iv) The number of households and businesses passed that will have access to broadband service as a result of the project, or whose broadband service will be upgraded as a result of the project;

(v) Significant community institutions and industries that will benefit from the project;

(vi) Evidence of community support for the project;

(vii) The total cost of the project, including a business plan;

(viii) Sources of funding or in-kind contributions for the project that will supplement any funding under this article, including an examination of any federal grants available to the project. The application shall identify the amount of funding for the project to be provided by each governmental entity and by any business entity participating in the project. Funding provided by any other state source shall be specifically identified;

(ix) Repealed by Laws 2021, ch. 139, § 3.

(x) Repealed by Laws 2021, ch. 139, § 3.

(xi) Acknowledgement by the governing body, and any partnering business entity by a person with legal authority to bind the business entity, that funding may only be provided in accordance with a contract executed in conformance with this article and is subject to availability and approval of distribution of funds;

(xii) If the application is not submitted jointly with a business entity, an account of the request for proposals issued by the governmental entity applying and responses to the request, if any;

(xiii) Additional information requested by the council.

(b) The council may require an applicant to submit additional information to enable the council to properly assess the application for funding. The council may request an applicant to modify an application based on current broadband access in the proposed geographic broadband service area before awarding funding under this article.

(c) The council shall, after providing opportunity for public comment, promulgate rules on or before September 1, 2021 that identify the nature and type of information provided by broadband providers to the council that shall be treated as confidential, trade secret or proprietary and that shall be protected from disclosure to the public. The following information shall not be considered confidential, trade secret or proprietary and shall be subject to disclosure to the public:

(i) Publicly available information;

(ii) The name of a broadband grant applicant and the amount of funding sought in their application;

(iii) Information which is to be publicly posted, provided to other carriers or provided to a legislative committee pursuant to W.S. 9-12-1504(a), 9-12-1507 or any other provision in this article;

(iv) The recipient and the amount of any broadband grant award;

(v) Information supplied by a broadband provider with consent from the provider to treat the supplied information as public information; and

(vi) Information deemed public information by the council after a hearing on the issue.


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